Davarry Posted December 3, 2015 Report Share Posted December 3, 2015 Purchased a property recently and the estate agent, who we have also appointed as letting agent with full management, has forged the tenant's signature on the new AST agreement. The forgery is VERY clear; there is no doubt about it whatsoever.Does anybody have an opinion on whether this is a criminal offence and, if so, under which legislation?We have other issues and I might be able to use this as a lever. Link to comment Share on other sites More sharing options...
Richlist Posted December 3, 2015 Report Share Posted December 3, 2015 How, specifically, do you know it's a forgery and not just a poorly executed signature ?Have you actually met the tenant / do you know that the tenant really exists ? Link to comment Share on other sites More sharing options...
Grampa Posted December 3, 2015 Report Share Posted December 3, 2015 If the tenant has moved in and paid rent there is no doubt a tenancy in place as a verbal tenancy. Link to comment Share on other sites More sharing options...
Davarry Posted December 3, 2015 Author Report Share Posted December 3, 2015 How, specifically, do you know it's a forgery and not just a poorly executed signature ?Because I can compare it with the signature on the previous agreement, under the previous owner, and with the letting agent's signature. As I said, there's no doubt, and she hasn't denied it.The tenant exists and I'm not interested in challenging his tenancy. It's the agent I'm after. Link to comment Share on other sites More sharing options...
Richlist Posted December 4, 2015 Report Share Posted December 4, 2015 In that case I think you need legal advice.We can all offer our opinion but that's not necessarily going to reflect the legal position. There are likely to be other factors that will be relevant.My non legal opinion, for what it's worth says:-* If the tenant hasn't been conned into a false tenancy against their will and is in the same position had they signed the tenancy agreement themselves and* If your rental income is where it would have been had the signature been genuine and* If neither the landlord or the tenant has incurred a financial loss as a result of the agents action......Then there is no financial claim and taking legal action without compensation might be expensive with little punishment being given to the Agent.If the Agent is a member of any of the professional associations/ trade organisations e.g. ARLA etc I could see them not wishing to have them continue as members.Seems it's likely to be a costly, time consuming exercise and if all you want to achieve is to ditch the Agent then I'm sure you can achieve your goal by other means. Link to comment Share on other sites More sharing options...
Grampa Posted December 4, 2015 Report Share Posted December 4, 2015 I agree. If you haven't suffered any loss there is not a lot you can do.As mentioned f they belong to ARLA or Nals you can put a complaint to them ONLY if they are members.But by law as a letting agent they must belong to one of the ombudsman schemes which should be displayed in their window, website or headed paper so you could complain to them AND also the above if applicable.You need to request the companies complaint procedure first and try that route first before the above because the above will not entertain a complaint until you have exhausted that route first. Link to comment Share on other sites More sharing options...
Mortitia Posted December 4, 2015 Report Share Posted December 4, 2015 Davarry - you say you are 'after' the agent - do you mean to get rid of him or get out of your contract? Has he instigated a new contract with the tenant in order to make more money out of you?He has committed fraud and that is a criminal offense so go and see him or write and tell him in no uncertain terms and end contract there and then - no need for courts, solicitors as he is unlikely to challenge you. Link to comment Share on other sites More sharing options...
Melboy Posted December 4, 2015 Report Share Posted December 4, 2015 I was interested in this written part. " We have other issues and I might be able to use this as a lever". If you are looking to get rid of this LA then confront the person over the forged signature business and see if they will admit to doing this either way you would have good grounds to terminate the contract. Follow it through? not worth it. Report as necessary to any professional body but leave it there and concentrate on your tenant.What about the deposit protection by the LA? Link to comment Share on other sites More sharing options...
Davarry Posted December 4, 2015 Author Report Share Posted December 4, 2015 Thanks for your comments.I've lodged a complaint with NALS. Still waiting for a reply.I have various complaints against the LA, the main one being that they forwarded our rent to the previous landlord. Then, after I'd queried the missing rent, they did it again. They seem to think that I should wait until the previous owner has returned the rent before sending it to us. He's done it once but, not surprisingly, I think he's losing patience.The MD appears to have washed his hands of it.Supposed to be a respectable firm. Astonishing, frankly.I'll gladly name them in due course. Link to comment Share on other sites More sharing options...
Melboy Posted December 4, 2015 Report Share Posted December 4, 2015 Countrywide or Belvoir by any chance? Link to comment Share on other sites More sharing options...
Davarry Posted December 4, 2015 Author Report Share Posted December 4, 2015 Countrywide or Belvoir by any chance?Neither.Woolwich based. I take it, though, that those two are not recommended either? Link to comment Share on other sites More sharing options...
Richlist Posted December 4, 2015 Report Share Posted December 4, 2015 Nobody's perfect......but there are plenty of people who think they are.To make mistakes is part of life itself and proof that we are all human.For every unhappy customer there is usually someone prepared to give a glowing reference.Even the best people make mistakes occasionally.What amazes me is how people will often react adversely to a single example of poor customer service when in virtually any other situation a single negative would be dismissed. Link to comment Share on other sites More sharing options...
Melboy Posted December 5, 2015 Report Share Posted December 5, 2015 Neither.Woolwich based. I take it, though, that those two are not recommended either?Both of the companies I mentioned are offered out as franchises and commission led for the LA's so customer service is not always as good as you would expect. Plenty of evidence on the net to back the evidence that up as well with customer complaints.In your particular case of rent being paid to the old landlord and you not receiving that rent payment back and your LA MD washing his hands of the whole affair I would say you have a very fair grievance and the matter should be corrected and settled without delay. Link to comment Share on other sites More sharing options...
Richlist Posted December 5, 2015 Report Share Posted December 5, 2015 If you really want to upset them send them a letter before action giving them say, 14 days to pay. Inform them that if it is not paid to you within that timeframe you will take action in the small claims court to recover the money.Make sure you remind them that as soon as you initiate court action the court fees of £xxx will be added to the claim. You can get the amount of the court fees from the web site.As they have no defence cos they screwed up you can't loose. Link to comment Share on other sites More sharing options...
Davarry Posted December 5, 2015 Author Report Share Posted December 5, 2015 What amazes me is how people will often react adversely to a single example of poor customer service when in virtually any other situation a single negative would be dismissed.Is that sermon aimed at me? In this instance, both the person responsible and the MD have been given plenty of opportunity to put things right.Not really a "single example" in this case. Link to comment Share on other sites More sharing options...
Richlist Posted December 5, 2015 Report Share Posted December 5, 2015 No, it's not directed at anyone specifically.I just happen to have hijacked your thread to have a rant at people's reactions generally......hope you aren't to upset about it.A much better way is to never complain, never explain and always mix your drinks but that's a bit to simplistic.Go down the small claims route.......it's great fun at the defendants expense.Good luck Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.